‘Not really a flight risk’: Court orders fraud accused Zimbabwean’s release on R5k bail in appeal

A Zimbabwean national accused of fraud has successfully appealed a decision to deny him bail.

Douglas Eugene Moyo turned to the Gauteng High Court in Johannesburg after the Randburg Magistrate’s Court refused his initial bail application.

Moyo, facing a charge of fraud involving an alleged amount exceeding R500 000, was denied bail on the grounds that he posed a flight risk and that his continued detention was necessary for his own safety.

High Court ruling on Zimbabwean man’s bail

Judge Stuart Wilson, presiding over the appeal, criticised the lack of evidence presented by the state to substantiate its case against Moyo.

The judge highlighted that the charge sheet provided no details beyond the amount allegedly involved.

Moyo, in contrast, presented a detailed account of the circumstances surrounding the charge in his affidavit.

He explained that his role as a financial administrator for his church had led to a dispute over funds earmarked for the purchase of land in De Deur, in the Sedibeng District.

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A leader of a faction within the church subsequently laid what Moyo described as a “malicious” and unfounded charge of fraud against him.

Wilson noted that Moyo’s affidavit was the only factual version of events presented to the bail magistrate.

He highlighted the absence of a response from the investigating officer addressing Moyo’s version and criticised the magistrate’s conclusion that the state had a strong prima facie case.

“As things stand, the situation is quite the reverse.

“There is nothing on the record that indicates what the state’s case really is, but there is a fundamentally coherent allegation from Mr Moyo that the complaint against him is malicious,” Wilson wrote in his judgment.

Zimbabwean national’s flight risk assessment in bail appeal

The state argued that Moyo, being a Zimbabwean national, posed a flight risk.

However, the accused provided evidence that he resides in South Africa with his wife and two children.

While unemployed due to his immigration status, Moyo holds a three-year multiple-entry temporary residence permit, which he renewed before its expiry in October 2024.

The permit was issued under section 11 (6) of the Immigration Act 13 of 2002, which provides for the issuance of temporary residence permits to spouses of South African citizens and permanent residents.

Wilson said in this instance, it was safe to conclude that Moyo’s wife is a South African citizen or permanent resident and that their children are likely South African citizens.

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He further pointed out Moyo’s co-operation with the investigation, including voluntarily reporting to the police before his arrest.

“There are also the uncontested facts that Mr Moyo knew about the complaint laid against him and the existence of the investigation into it for at least six months before he was arrested; that he co-operated fully with that investigation, including by giving a statement under warning in April 2024; and that Mr Moyo arrived at the police station under his own steam immediately before his arrest.

“None of this is consistent with the proposition that Mr Moyo presents an appreciable flight risk,” said Wilson.

Safety concerns addressed

Addressing the magistrate’s concern that Moyo’s safety might be at risk if released, Wilson dismissed the claim, noting a lack of evidence to support it.

“A court should not detain an accused person against their will merely because it is alleged that they would be in danger if released,” Wilson stated.

He emphasised that detention for safety reasons is only justified under exceptional circumstances, which were not present in this case.

“If it ever is, such detention may only be authorised after anxious consideration, where there is clear evidence of an imminent and acute risk of death or serious injury, only for so long as that risk endures, and only where the risk cannot be ameliorated by the imposition of appropriate bail conditions.

“The facts of this case fall far short of that standard,” the judgment further reads.

While Moyo requested bail be set at R1 000, the court agreed with the state’s proposal of R5 000.

Nonetheless, the high court ruled in the Zimbabwean national’s favour, setting aside the magistrate’s decision and ordering his release on bail.

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